April 2023 — Question 8
Under which of the following circumstances will the importer NOT be required to have a bond containing conditions set forth in 19 CFR 113.62 to obtain release of merchandise under a special permit for immediate delivery?
- AAn importation of quota-class merchandise.
- BAn importation under an end-of-year authorization issued by CBP Headquarters.
- CAn importation of goods from a contiguous country, namely Canada and Mexico.
- DA release from a warehouse followed by a warehouse withdrawal for consumption.
- EAn importation by the U.S. Animal and Plant Health Inspection Service.✓ CBP's answer
Why this answer
Special permits for immediate delivery ordinarily require a bond containing the conditions of 113.62, and 142.21 lists quota-class merchandise, shipments from contiguous countries, and warehouse withdrawals among the situations eligible for the procedure with such a bond. The keyed exception comes from 10.101(d): importations by or for U.S. government agencies, here the Animal and Plant Health Inspection Service, may be released under a stipulation accepted in place of a bond. Option C tempts because contiguous-country shipments are the classic immediate-delivery case, but eligibility for the procedure does not eliminate the bond; only the government-agency provision does. Watch for: Treating immediate-delivery eligibility for Canada or Mexico shipments as waiving the bond requirement.
Original CBLE Simulator explanation — the question and key above are CBP's; this analysis is ours. Verify against the current edition before relying on it in practice.
CBP's cited authority
Answer and citations as published in CBP's official answer key for the April 2023 examination.
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